General Criminal Law
What is criminal law?
Criminal law describes proscribed conduct and provides for punishments of those who commit crimes, with a focus on offenses against society.
What is the difference between criminal law and civil law?
Criminal law deals with offenses against the state or public, whereas civil law resolves disputes between private individuals.
What are felonies and misdemeanors?
Felonies are major offenses (for example, murder) punishable by over a year in prison. Misdemeanors are less serious crimes (for example, petty theft) punishable by a year or less.
Also read:
- https://prolegalinsights.com/20-questions-about-criminal-law-understanding-the-basics/
- https://prolegalinsights.com/25-commonly-asked-criminal-law-questions-answered/
- https://prolegalinsights.com/30-key-criminal-law-concepts-questions-and-answers/
What is criminal law?
Deter crime, protect society, rehabilitate offenders, and give justice to the victims.
Types of Crimes
What are violent crimes?
Offenses involving harm or threat of bodily harm such as assault, robbery, and murder.
What are property crimes?
Crimes such as burglary, theft, arson, and vandalism that destroy or take away one’s property.
What are white-collar crimes?
Non-violent financial crimes like embezzlement, insider trading, and fraud.
What are drug offenses?
Crimes related to having or selling illegal substances, manufacturing, or distributing them.
What is a hate crime?
That crime that is based on dislike in terms of race, religion, sexual orientation, among other covered characteristics.
What is cybercrime?
Those crimes that people commit using computers or the internet, including hacking, identity theft, or phishing.
Elements of a Crime
What is actus reus?
The physical act or criminal omission necessary to commit a crime.
What is mens rea?
The mental intent or knowledge necessary to commit a crime.
What is strict liability?
Offenses that do not require an intent, such as selling liquor to minors.
What is conspiracy?
An agreement between two or more people to commit a crime, which must often be furthered by an overt act.
Attempt in criminal law
An effort to commit a crime that surpasses preparation but does not reach the point of completion.
Criminal Procedure
What is probable cause?
A reasonable belief based on facts that a person has committed a crime, required for searches and arrests.
Criminal Procedure
What is an arrest warrant?
A paper issued by a judge allowing law enforcement to detain a suspect.
What is arraignment?
A court proceeding where the accused is formally charged, enters a plea, and bail may be set.
What is bail?
Money or property given as a guarantee that the accused will appear in court when required.
What happens during a trial?
Both sides present evidence and arguments to a judge or jury, who determine the defendant’s guilt or innocence.
Rights of the Accused
What are Miranda rights?
Rights read to suspects during arrest, including the right to remain silent and the right to an attorney.
What is the presumption of innocence?
The principle that every accused person is considered innocent until proven guilty beyond a reasonable doubt.
What is double jeopardy?
Protection against being tried twice for the same crime in the same jurisdiction.
What is the right to legal counsel?
The Sixth Amendment provides that the accused is entitled to counsel in criminal cases.
What is the right against self-incrimination?
The Fifth Amendment provides the right to decline to answer or produce evidence which may tend to incriminate.
Defenses in Criminal Law
What is self-defense?
A defense by which it is claimed that the accused acted to protect himself or others from harm.
What is insanity as a defense?
A claim that the defendant could not understand the wrongfulness of their actions due to mental illness.
What is entrapment?
A defense asserting that law enforcement induced the defendant to commit a crime they otherwise would not have committed.
What is necessity as a defense?
A claim that the crime was committed to prevent a greater harm.
What is an alibi?
Evidence that the accused was elsewhere when the crime was committed, which makes it impossible for them to have been involved.
Sentencing and Punishment
What are the different types of criminal sentences?
Fines, probation, imprisonment, community service, and, in some jurisdictions, the death penalty.
What is probation?
A court-ordered period of supervision instead of imprisonment, with the requirement of compliance with certain conditions.
What is parole?
The conditional release of an inmate before the end of their sentence, based on good behavior.
What are mitigating factors?
Circumstances that may lessen the severity of a sentence, such as the defendant’s remorse or lack of a prior record.
What are aggravating factors?
Circumstances that may make a sentence more severe, such as prior convictions or the crime’s brutality.
Post-Conviction and Records
What is an appeal in criminal law?
A request to a higher court to review a conviction or sentence for legal errors.
What is expungement?
The sealing or erasure of a criminal record, so it is inaccessible in certain conditions.
What is the difference between parole and pardon?
Parole refers to the release from prison conditional; pardon means an official forgives the person of the committed crime.
What is a criminal record?
A criminal record is a record of the formal criminal history of a person; it is preserved by law enforcers.
Can a criminal record be erased?
In some circumstances, it may be erased, sealed, with the fulfillment of certain requirements of eligibility.
These questions give an all-rounded understanding of criminal law concepts and processes.